Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default Letter before action! Help I'm scared!

    Ok RBSicon have just sent me a letter offering £443 as an offer of goodwill. The amount I am claiming is £1040. The letter states that the bank believes the charges are fair and they are satisfied they comply 'with applicable laws and regulations.' After looking at the forum a few times I believe the next course of action is letter before actionicon- is this where I ask for the whole amount agian and do I have to nenclose another schedule of charges? Any help much appreciated

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  2. #2
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    Default Re: Letter before action! Help I'm scared!

    Quote Originally Posted by bluerach811 View Post
    Ok RBSicon have just sent me a letter offering £443 as an offer of goodwill. The amount I am claiming is £1040. The letter states that the bank believes the charges are fair and they are satisfied they comply 'with applicable laws and regulations.' After looking at the forum a few times I believe the next course of action is letter before actionicon- is this where I ask for the whole amount agian and do I have to nenclose another schedule of charges? Any help much appreciated
    You ask for the amount again not including interesticon. Also you do not have to enclose a Schedule of charges. I think some more reading of the faqs and step by step instructions is required.

    http://www.consumeractiongroup.co.uk...re-action.html






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Re: Letter before action! Help I'm scared!

    Hi

    Did RBoS send you an offer after your first letter (the prelimary)? If they did then yes, send them a LBA (letter before actionicon) enclosing another schedule of charges list.

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  4. #4
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    Default Re: Letter before action! Help I'm scared!

    No it was after the second letter- preliminary approach- I enclosed the schedule with that letter


  5. #5
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    Default Re: Letter before action! Help I'm scared!

    if the prelimary approach was your second letter, may i ask what was your first? was it the S.A.R - (Subject access requesticon)?

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  6. #6
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    Default Re: Letter before action! Help I'm scared!

    Yes it was the SARicon letter- enclosing cheque for £10


  7. #7
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    Default Re: Letter before action! Help I'm scared!

    Quote Originally Posted by livelylad View Post
    You ask for the amount again not including interesticon. Also you do not have to enclose a Schedule of charges. I think some more reading of the faqs and step by step instructions is required.

    http://www.consumeractiongroup.co.uk...re-action.html

    I have just read through everything as you said- do I accept the amount they have offered and send a l.b.a as well? This is a bit unclear in the step by step instructions as it says to accept the offer but still send a l.b.a if they haven't offered a full refund. How do I do both?
    Many thanks


  8. #8
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    Default Re: Letter before action! Help I'm scared!

    Write an lbaicon and send it to them.

    Write a letter stating you'll accept the offer as "partial" payment. The link below will tell you how to do that. Good Luck!

    http://www.consumeractiongroup.co.uk...ent-offer.html

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  9. #9
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    Default Re: Letter before action! Help I'm scared!

    The 14 days are up from my letter before actionicon. Disappointed that I haven't heard back from RBSicon but not really shocked. Should I phone the bank directly before filing action in court?


  10. #10
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    Default Re: Letter before action! Help I'm scared!

    I personally wouldn't bother, but its your call.

    Proceed with the claim, either at your local county courticon or on the MCOL website.

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  11. #11
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    Default Re: Letter before action! Help I'm scared!

    ok thanks for the advise I will just go ahead with the claim. Just hope that it proves to be fruitful!!


  12. #12
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    Default Re: Letter before action! Help I'm scared!

    You'll be fine

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  13. #13
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    Default Re: Letter before action! Help I'm scared!

    Good Luck bluerach811, I am about 3 steps behind you. I think you will have to take these guys to the wire before they will pay up in full.

    StyX


  14. #14
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    Default Re: Letter before action! Help I'm scared!

    Thanks! I can't believe it really- my friend has done exactly the same things as me with Halifaxicon and they settled in abount 5 working days.

    It's jsut typical of me that I'll go to court but I'm quite happy to as I think RBSicon have a lot to answer for! Anyway I'll keep posting so that people can see the progress. Good luck with yours too Styx!


  15. #15
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    Default Re: Letter before action! Help I'm scared!

    I am still waiting for my list of charges, i am hoping that the amount will be around 1500, so i can close off my overdrafticon. I think it will be most like 1000 than 1500. Either way a larger step closer to closing off my account.

    By the way did you include interest?

    StyX


  16. #16
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    Default Re: Letter before action! Help I'm scared!

    No haven't included interest as its a student account- now a graduate account so my overdrafticon was ineterst free for 3 years. It would have been paid off by now had I not been charged!!


  17. #17
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    Default Re: Letter before action! Help I'm scared!

    I mean the 8% you would most likely be awarded if this goes to the court, i.e. the interesticon you would have earned if you still had the money in an average account.

    StyX


  18. #18
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    Unhappy Re: Letter before action! Help I'm scared!

    o right no i haven't actually done that yet. Am i supposed to do that before starting claim? I've read through just about everything on this site but still manage to miss things!!


  19. #19
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    Default Re: Letter before action! Help I'm scared!

    I know what you mean. There is soo much to read.

    I have been looking at how to calculate this recommended 8%. No idea how to work out the compound interesticon...

    Anyways, excel has become my friend, took me a wee while to work out that. 8% x charge x days since charge / 365.

    There are spreadsheets on this site to help out.

    I too have a student account and my graduate scheme is only 12 months. I feel robbed

    StyX


  20. #20
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    Default Re: Letter before action! Help I'm scared!

    Right need to look at that then! I think I'm going to phone the bank tomorrow anyway just to see where they stand at the mo. I'll definitely do the 8% spreadsheet then- if I'm going to court anyway!

    RBSicon have most definitley lost out, I started my first graduate job about 6 months ago and my wages are paid into my HSBCicon account!



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